No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in conformity with the regulations as set forth in the Ordinance.

Every building hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot as herein defined or on a parcel of more than five (5) acres and in no case shall there be more than one (1) main building on one (1) lot or parcel unless otherwise provided in this Ordinance.

Except for camp cabins and summer cottages for seasonal occupancy, no lot shall be used in whole or in part for dwelling purposes unless such lot is five (5) acres or more in area or abuts upon a street in accordance with the minimum street frontage requirements of this Ordinance.

The minimum yards, height, limits, parking space, open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of the passage of these regulations or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.

No accessory building shall be used for dwelling except in accord with the specific provisions of the Ordinance.

For the purpose of this Ordinance, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of the Ordinance, uses not specifically listed are prohibited.

The following uses shall be subject to the limitations as specified:

7.1.

Recreational Substances; Retail.

1.

Unless modified or otherwise conditioned by the Board of Supervisors at the time of zoning approval, recreational substances uses (both retail, off-site, and retail, on-site) shall be subject to the following limitations and requirements:

(a)

Must be located at least two thousand (2,000) linear feet from the property line of any public or private school (pre-K through grade twelve (12)).

(b)

Must be located at least two thousand (2,000) linear feet from the property line of an existing recreational substances use (both retail, off-site and retail, on-site); and

(c)

Must be located at least two thousand (2,000) linear feet from the property line of an existing church.

(d)

Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Sunday.

(e)

Cannot be located within the Big Stone Gap Downtown Historic District.

(f)

The business must not sell, barter, gift, or exchange in any manner any product or substance deemed illegal or prohibited by the Commonwealth of Virginia or federal law.

2.

For the purposes of this section, the following words and phrases shall have the following meanings:

Recreational substances. Recreational substances include the following:

(a)

Any product made of tobacco including cigarettes, cigars, smokeless tobacco, and pipe tobacco.

(b)

Any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, can produce vapor from a solution or other form.

(c)

Any product, including any raw materials from hemp/cannabis that are used for or added to a food or beverage product, that contains hemp and has completed all stages of processing needed for the product.

(d)

Kratom, and any product including any raw materials from Kratom that are used for or added to a food or beverage product, that contains Kratom and has completed all stages of processing needed for the product.

(e)

Any pipe, vaporizer, other type of device, wrappings, or accessories associated with the consumption or inhalation of the abovementioned substances and materials.

Recreational substances, retail, off-site use. Any establishment, facility, or location whose business operation involves:

(a)

The retail sale of recreational substances; and

(b)

Includes recreational substances as twenty-five (25) percent or more of its total inventory or fifteen (15) percent or more of its total display shelf area.

Recreational substances, retail, on-site use. Any establishment, facility, or location whose business operation allows the on-site use of recreational substances.

7.2.

Skill games, retail. Unless modified or otherwise conditioned by the town council at the time of zoning approval, skill game usage (both retail, off-site, and retail, on-site) shall be subject to the following limitations and requirements:

(a)

Must be located at least two thousand (2,000) linear feet from the property line of any public or private school (pre-K through grade twelve (12)).

(b)

Must be located at least two thousand (2,000) linear feet from the property line of an existing skill game site (both retail, off-site and retail, on-site); and

(c)

Must be located at least two thousand (2,000) linear feet from the property line of an existing church.

(d)

It cannot be located within the Big Stone Gap Downtown Historic District or any B3-zoned district. Refer to: National Registry of Historic Places.

(e)

Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday, with no operation from 10:00 p.m. Saturday to 8:00 a.m. Monday.

The following uses shall be subject to the limitations as specified by Virginia Commonwealth Law:

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[Code of Virginia] § 18.2-325(1) defines "illegal gambling," in part, as a wager made in exchange for a chance to win a prize dependent upon the result of any game, contest, or any other event, the outcome of which is uncertain or a matter of chance. Skill games are listed as illegal gambling.

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[Code of Virginia] § 18.2-334.6 allows for an exemption for amusement devices. A person may make amusement devices available for play if the prize won is a noncash, merchandise prize, or a voucher redeemable only for an appropriate reward at the device location.

(Ord. No. 19-2024, 1-14-25; Ord. No. 27-2024, 1-14-25)